The Court rectified a 1981 trust deed to delete a vesting date clause (31 December 2020) that did not reflect the controlling mind's intention that the trust have indefinite duration to the fullest extent permitted by law. Where a settlor acts merely as a favour and has no independent intention as to the trust's terms, the court will treat the settlor's intention as conforming to that of the person who in substance stands behind the trustee, satisfying the common intention requirement for rectification. The deed was held valid notwithstanding that only the settlor (and not the trustee) executed it, whether characterised as a deed poll or deed inter partes.
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